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Infrastructure legislation could overtake a controversial proposal to spin off air
traffic control from the Federal Aviation Administration as a priority in 2018, the
House Transportation and Infrastructure Committee chairman told Bloomberg Government
in a Dec. 14 interview.

Rep. Bill Shuster (R-Pa.) said any infrastructure bill will need broad bipartisan
support and that it would be a “game-day decision” if his air traffic control proposal
would be included.

“I want to bring votes to the table. I don’t want to take them,” Shuster said.

The air traffic control proposal, part of the House’s committee-approved FAA reauthorization
bill (H.R. 2997), faces strong Democratic opposition and enough Republican “no” votes
to keep the bill from the floor. The proposal has had the backing of the trade group
Airlines for America and member companies including American Airlines Group, United
Continental Holdings Inc., and Southwest Airlines Co.

The FAA’s authorization runs through March 31, leaving Shuster little time to continue
building support for his air traffic control provision while also gathering the bipartisan
support he believes an infrastructure bill needs.

Neither Shuster nor his Senate counterpart, Sen. John Thune (R-S.D.), have any enthusiasm
for another short-term FAA extension like the one passed in September.

“March 31 is one way or the other: extension, which I don’t like, or we do something.
But look, I’m not giving up anything right now,” Shuster said.

Bipartisan Support?

Shuster said he hasn’t decided whether to tack his air traffic proposal onto the infrastructure
bill, noting that he wants a wide margin of support among Democrats and Republicans.

“Hopefully we’re going to do a big, broad infrastructure bill,” Shuster said. “The
broader the support is, the broader the bipartisan support is, the easier it is to
move a bill.”

Air traffic control could cost him votes, he noted. Shuster has been trying to bring
his FAA bill with the air traffic proposal for a vote since the committee approved
it in June, but several scheduled votes were canceled. He said he fundamentally believes
in the air traffic proposal, which would shift some 30,000 government employees from
the public payroll to a non-governmental organization. The new entity would be overseen
by a board composed of representatives from labor, industry and other aviation sectors.

“If he rolls [air traffic control] into the [infrastructure] bill, he’s going to lose
90 percent of the Democrats,” Rep. Peter DeFazio (D-Ore.), the ranking member on the
transportation panel, told Bloomberg Government Dec. 14.

‘Fish or Cut Bait’

As much as Shuster has been working to win support for what he touts as a necessary
reform, DeFazio has been working to oppose the provision. In an earlier interview,
DeFazio joked that he was following Shuster around the House floor trying to talk
fellow Democrats out of throwing support behind the air traffic control provision.

DeFazio said he doubts the coming months will gain Shuster more supporters.

“If the votes aren’t there after six months of intensive lobbying, I don’t see how
they are going to be there by March 31,” DeFazio said.

If the Senate’s committee-approved FAA reauthorization bill (S. 1405) advances to
that chamber’s floor in the coming months, it could force Shuster’s hand in the House,
DeFazio said.

Senate Commerce, Science and Transportation Committee Chairman Thune told Bloomberg
Government Dec. 12 that he was open to dropping his own contentious pilot-training
provision from the FAA reauthorization so the measure can move to the floor for debate
and a vote in the new year.

Thune has wanted to give House members time to “socialize” the idea of an air traffic
control spinoff, but at some point they will have to “fish or cut bait,” he said.

DeFazio shared that sentiment.

“If [Shuster is] never going to get the votes it would be an incredible disservice
to the manufacturers and other commercial and aviation interests to not pass an FAA
bill which is agreed upon in every aspect except for privatization of [air traffic
control],” he said.

Now What?

Shuster is readying himself for a push on infrastructure, keeping an eye out for a
chance to move his air traffic control proposal.

Is an FAA bill without his spinoff on the table?

“Not at this point. At this point what is on the table is let’s do an infrastructure
bill,” he said. “As we move down we’ll figure out what comes, what goes, what stays,
what leaves.”

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